Newport Beach Drunk Driving Attorney

Drunk driving accidents put lives at risk every day across Orange County, including Newport Beach. These crashes happen along the Pacific Coast Highway, at intersections in Balboa Village, near Corona del Mar, and even in parking lots at nightclubs or restaurants. The aftermath can turn a normal day into a lifelong struggle, especially when injuries or the loss of a loved one occur.

Victims of DUI crashes often face painful recovery, mounting bills, and insurance companies that downplay claims. California law supports injury victims by imposing strict penalties on drunk drivers. These rules make it easier to prove liability and pursue justice.

Working with Newport Beach drunk driving lawyers at Bentley & More LLP gives you the chance to hold the wrongdoer accountable and seek full financial recovery. If you or someone close to you got hurt in a drunk driving crash, you can contact our firm for a free consultation to go over your legal options.

Table of Contents

What Are Your Rights After a Drunk Driving Accident?

When someone under the influence causes a crash, the law protects victims in several ways. These rights begin immediately after the incident and continue through every stage of recovery and legal action.

Immediate Rights at the Accident Scene

After a crash, you have the right to stay at the scene, request help, and make sure law enforcement documents the incident. You can request that the drunk driver take a Breathalyzer or field sobriety test. Police reports will often list key observations of impairment.

Rights to Medical Care and Documentation

You’re allowed to seek emergency treatment and follow-up care, regardless of insurance status. It’s also your right to receive full copies of your medical records. These documents can be vital when building your case.

Rights to Legal Representation and Investigation

You can speak to an attorney at any time. A lawyer can launch an independent investigation, collect evidence like video footage or bar receipts, and talk to witnesses. The sooner you act, the more information can be preserved.

Rights to Compensation for Damages

Victims can pursue payment for medical costs, lost wages, damage to vehicles, and personal suffering. In some cases, courts award extra damages as punishment for reckless behavior. Family members can also take legal action after a fatal crash.

How Do Drunk Driving Accident Cases Work in California?

California has strict DUI rules that make it easier for victims to take legal action. Both criminal and civil systems may apply, but the goals are different in each one.

California’s Negligence Per Se Laws

If a driver violates a safety law, like driving under the influence, courts may automatically find them at fault. This concept is called negligence per se and can shift the focus from proving fault to proving how much harm was done.

Criminal vs. Civil Cases: Understanding the Difference

A criminal case punishes the drunk driver. A civil case focuses on helping victims recover money for their losses. You don’t need a criminal conviction to file a civil lawsuit. The two cases often move forward at the same time.

Burden of Proof in Civil DUI Cases

In a civil case, you only need to show that the drunk driver more likely than not caused your injuries. This is a lower standard than what prosecutors face in criminal court. A skilled legal team can build a case using police records, toxicology results, and witness testimony.

Statute of Limitations for Filing Claims

You generally have two years from the crash date to file a lawsuit. Waiting too long could cause you to lose the right to recover anything. If the case involves a government agency or an underinsured driver, shorter deadlines might apply.

Types of Compensation Available in DUI Accident Cases

Victims of drunk driving crashes often deal with more than just hospital bills. Recovery includes a wide range of economic and non-economic losses.

Medical expenses: This includes ER visits, surgery, physical therapy, prescriptions, and future treatment needs.
Lost wages and earning capacity: If injuries prevent you from working or reduce your future job opportunities, those losses can be recovered.
Property damage: This covers repairs or replacement of your car and any personal items lost in the crash.
Pain and suffering: Emotional trauma, sleep issues, anxiety, and lasting physical pain can all factor into the total compensation.
Punitive damages: California courts may order the drunk driver to pay extra money as punishment for gross misconduct.
Wrongful death damages: If a loved one passed away, family members may seek costs related to burial, loss of companionship, and financial support.

Every DUI crash is different, and the types of compensation available depend on the injuries, losses, and overall impact on your life. Our attorneys can help calculate the full value of your case and fight for a fair resolution.

What Should You Do After a Drunk Driving Crash?

Taking the right steps after a DUI crash can protect your health and your legal rights. What you do in the first minutes, hours, and days makes a difference.

At the Accident Scene

Get to a safe location and call 911
Collect evidence by taking pictures of vehicle damage, skid marks, and injuries
Ask for names and phone numbers of any witnesses
Avoid admitting fault or guessing what happened
Request the police report number before leaving
Get medical care as soon as possible, even for minor symptoms

If You’ve Already Received Medical Treatment

Keep all treatment records, bills, and discharge notes
Write down how your injuries affect your daily life
Let an attorney talk to the insurance company for you
Record days you missed work and added expenses
Speak to a trusted lawyer about your next steps
Don’t sign documents from the insurance company without advice

Who Can Be Held Liable in Newport Beach DUI Accidents?

Drunk driving accidents often involve more than just the impaired driver. In Newport Beach, several parties can bear legal responsibility depending on where the driver was drinking, whether someone served them alcohol, and whether they were on the job at the time. Holding all liable parties accountable can increase your chances of recovering full compensation.

The Intoxicated Driver

The drunk driver is the primary responsible party. Driving under the influence violates California law and puts others in danger. In civil court, evidence of DUI, such as breath test results, field sobriety reports, or witness statements, can be used to prove the driver’s liability. Even if they are facing criminal charges, victims have the right to bring a civil claim independently.

Bars and Restaurants (Dram Shop Liability)

In limited cases, a business that served alcohol to an obviously intoxicated person or a minor may be held partially responsible. This type of claim, known as a dram shop liability case, applies under specific conditions in California. Although the state’s dram shop law is narrow, if a bar near Newport Pier knowingly over-serves a visibly intoxicated patron who later causes a crash, the establishment may share responsibility. Video footage, receipts, or witness statements from the bar can help prove over-service and support a dram shop liability claim.

Social Hosts Who Serve Alcohol

People who host private events, such as house parties, can also be responsible if they serve alcohol to minors. For example, if a homeowner near Crystal Cove knowingly lets a teenager drink and that teen later crashes, the host may be held liable for injuries. Adults who serve minors or allow underage drinking on their property take on legal risk if a DUI crash follows.

Employers (If Driver Was Working)

If the drunk driver was performing job duties at the time of the accident, like delivering goods or attending a company event, then their employer may share legal responsibility. This includes situations where a worker leaves a business meeting at a Newport Center office after consuming alcohol. In these cases, both the driver and their employer may owe compensation to the victim.

Identifying every liable party helps strengthen your case and may improve the financial outcome. A legal team with experience in DUI cases can uncover evidence that connects each responsible person or business to the crash.

How Much Is My Drunk Driving Accident Case Worth?

No two cases are exactly the same. The total amount someone can recover depends on several key factors.

Factors That Increase Case Value

Serious injuries, long recovery times, high medical bills, and missed work tend to raise the value of a case. So does clear evidence of the other driver’s intoxication and fault.

How Punitive Damages Apply in DUI Cases

California courts may add extra damages when the conduct was reckless or showed disregard for safety. Drunk driving often meets that threshold.

Impact of Permanent Injuries on Compensation

Long-term disabilities, like spinal damage or brain trauma, can increase settlement values. These outcomes often come with lifelong care needs and lost earning potential.

Why DUI Cases Often Settle for More Than Other Accidents

Insurance companies know juries often view drunk driving cases more harshly. This pressure can lead them to settle for larger amounts to avoid trial.

Understanding what to ask for in a car accident settlement can help ensure you receive full and fair compensation. Speak with an attorney to evaluate your options.

How Our Newport Beach Drunk Driving Attorneys Can Help

Bentley & More LLP builds strong DUI injury cases by focusing on results, detail, and compassion. Our team handles every part of your case so you can focus on healing.

Launch a full investigation and collect evidence before it disappears
Consult with accident reconstruction professionals when needed
Work with prosecutors when the criminal case supports your claim
Push back against insurance companies that offer too little
Pursue all responsible parties, including bars or employers
Handle paperwork, court filings, and all legal steps
Keep you informed and answer your questions quickly
No fees unless we recover money for you through a verdict or settlement

If you’re unsure where to begin, we’ll guide you through the most important questions to ask so you feel prepared and confident from day one.

Common Challenges in Drunk Driving Accident Cases

Even with clear fault, DUI cases can hit roadblocks. Knowing what to expect helps you prepare.

Insurance companies may delay or deny claims to avoid payouts
Proving how drunk the driver was can take subpoenas and expert input
Establishing that the driver caused the crash may require investigation
Some drunk drivers don’t have enough insurance or any at all
Civil cases must often proceed while the criminal case is still open

Why Choose Our Newport Beach Law Firm

Greg Bentley &
Keith More, Drunk Driving Lawyers

Bentley & More LLP has helped many injury victims throughout Newport Beach and beyond. As personal injury attorneys, our approach is rooted in experience, compassion, and results.

Deep knowledge of Orange County courtrooms and legal systems
Strong record of past DUI case outcomes, including high-value settlements
Access to expert witnesses, investigators, and legal resources
Direct attorney communication and consistent case updates
Spanish-speaking staff and flexible appointments to suit your schedule

Frequently Asked Questions About Newport Beach DUI Accidents

How long do I have to file a lawsuit after a drunk driving accident in California?

Usually two years from the crash date. Special situations could affect this deadline, so act quickly.

Can I still recover compensation if the drunk driver doesn’t have insurance?

Yes. Your own insurance might provide uninsured motorist coverage, and some cases allow claims against other responsible parties.

What if I was partially at fault for the accident?

California allows partial fault. You can still recover money, but the total amount is reduced based on your share of responsibility.

How long do drunk driving accident cases typically take to resolve?

Timelines vary. Some settle in a few months, while others may take a year or more if injuries are severe or disputes arise.

Do I need to wait for the criminal case to conclude before filing a civil lawsuit?

No. You can begin your civil case right away. The criminal trial might help support your claim, but doesn’t block your ability to act.

Let Our Experienced Drunk Driving Accident Lawyers Help

If you or someone you care about was hit by a drunk driver in Newport Beach or anywhere in Orange County, don’t delay. Insurance companies will work to limit what they pay, and key evidence can vanish quickly.

The legal team at Bentley & More LLP is here to protect your rights and pursue full financial recovery. Call us today at (949) 870-3800 for a free consultation and find out how we can help you move forward. You won’t pay any fees unless we recover money in your case.

Client Testimonial

“I’ve had the pleasure of working with Bentley & More for the past 5-6 years. Their drive and compassion to earn great results for their clients is obvious to everyone who works with them.
I’m grateful for the opportunity to partner with the firm to help serve their clients.”

– Nicole S. ⭐⭐⭐⭐⭐

Bentley & More LLP – Newport Beach Office

4931 Birch Street
Newport Beach, CA 92660

Phone: (949) 870-3800

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